Sen. Kimberly A. Lightford

Filed: 4/4/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3723

2    AMENDMENT NO. ______. Amend Senate Bill 3723 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Assisted Living and Shared Housing Act is
5amended by changing Sections 10, 15, 75, 80, 90, and 95 as
6follows:
 
7    (210 ILCS 9/10)
8    Sec. 10. Definitions. For purposes of this Act:
9    "Activities of daily living" means eating, dressing,
10bathing, toileting, transferring, or personal hygiene.
11    "Assisted living establishment" or "establishment" means a
12home, building, residence, or any other place where sleeping
13accommodations are provided for at least 3 unrelated adults,
14at least 80% of whom are 55 years of age or older and where the
15following are provided consistent with the purposes of this
16Act:

 

 

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1        (1) services consistent with a social model that is
2    based on the premise that the resident's unit in assisted
3    living and shared housing is his or her own home;
4        (2) community-based residential care for persons who
5    need assistance with activities of daily living, including
6    personal, supportive, and intermittent health-related
7    services available 24 hours per day, if needed, to meet
8    the scheduled and unscheduled needs of a resident;
9        (3) mandatory services, whether provided directly by
10    the establishment or by another entity arranged for by the
11    establishment, with the consent of the resident or
12    resident's representative; and
13        (4) a physical environment that is a homelike setting
14    that includes the following and such other elements as
15    established by the Department: individual living units
16    each of which shall accommodate small kitchen appliances
17    and contain private bathing, washing, and toilet
18    facilities, or private washing and toilet facilities with
19    a common bathing room readily accessible to each resident.
20    Units shall be maintained for single occupancy except in
21    cases in which 2 residents choose to share a unit.
22    Sufficient common space shall exist to permit individual
23    and group activities.
24    "Assisted living establishment" or "establishment" does
25not mean any of the following:
26        (1) A home, institution, or similar place operated by

 

 

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1    the federal government or the State of Illinois.
2        (2) A long term care facility licensed under the
3    Nursing Home Care Act, a facility licensed under the
4    Specialized Mental Health Rehabilitation Act of 2013, a
5    facility licensed under the ID/DD Community Care Act, or a
6    facility licensed under the MC/DD Act. However, a facility
7    licensed under any of those Acts may convert distinct
8    parts of the facility to assisted living. If the facility
9    elects to do so, the facility shall retain the Certificate
10    of Need for its nursing and sheltered care beds that were
11    converted.
12        (3) A hospital, sanitarium, or other institution, the
13    principal activity or business of which is the diagnosis,
14    care, and treatment of human illness and that is required
15    to be licensed under the Hospital Licensing Act.
16        (4) A facility for child care as defined in the Child
17    Care Act of 1969.
18        (5) A community living facility as defined in the
19    Community Living Facilities Licensing Act.
20        (6) A nursing home or sanitarium operated solely by
21    and for persons who rely exclusively upon treatment by
22    spiritual means through prayer in accordance with the
23    creed or tenants of a well-recognized church or religious
24    denomination.
25        (7) A facility licensed by the Department of Human
26    Services as a community-integrated living arrangement as

 

 

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1    defined in the Community-Integrated Living Arrangements
2    Licensure and Certification Act.
3        (8) A supportive residence licensed under the
4    Supportive Residences Licensing Act.
5        (9) The portion of a life care facility as defined in
6    the Life Care Facilities Act not licensed as an assisted
7    living establishment under this Act; a life care facility
8    may apply under this Act to convert sections of the
9    community to assisted living.
10        (10) A free-standing hospice facility licensed under
11    the Hospice Program Licensing Act.
12        (11) A shared housing establishment.
13        (12) A supportive living facility as described in
14    Section 5-5.01a of the Illinois Public Aid Code.
15    "Department" means the Department of Public Health.
16    "Director" means the Director of Public Health.
17    "Emergency situation" means imminent danger of death or
18serious physical harm to a resident of an establishment.
19    "License" means any of the following types of licenses
20issued to an applicant or licensee by the Department:
21        (1) "Probationary license" means a license issued to
22    an applicant or licensee that has not held a license under
23    this Act prior to its application or pursuant to a license
24    transfer in accordance with Section 50 of this Act.
25        (2) "Regular license" means a license issued by the
26    Department to an applicant or licensee that is in

 

 

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1    substantial compliance with this Act and any rules
2    promulgated under this Act.
3    "Licensee" means a person, agency, association,
4corporation, partnership, or organization that has been issued
5a license to operate an assisted living or shared housing
6establishment.
7    "Licensed health care professional" means a registered
8professional nurse, an advanced practice registered nurse, a
9physician assistant, and a licensed practical nurse.
10    "Mandatory services" include the following:
11        (1) 3 meals per day available to the residents
12    prepared by the establishment or an outside contractor;
13        (2) housekeeping services including, but not limited
14    to, vacuuming, dusting, and cleaning the resident's unit;
15        (3) personal laundry and linen services available to
16    the residents provided or arranged for by the
17    establishment;
18        (4) security provided 24 hours each day including, but
19    not limited to, locked entrances or building or contract
20    security personnel;
21        (5) an emergency communication response system, which
22    is a procedure in place 24 hours each day by which a
23    resident can notify building management, an emergency
24    response vendor, or others able to respond to his or her
25    need for assistance; and
26        (6) assistance with activities of daily living as

 

 

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1    required by each resident.
2    "Negotiated risk" is the process by which a resident, or
3his or her representative, may formally negotiate with
4providers what risks each are willing and unwilling to assume
5in service provision and the resident's living environment.
6The provider assures that the resident and the resident's
7representative, if any, are informed of the risks of these
8decisions and of the potential consequences of assuming these
9risks.
10    "Owner" means the individual, partnership, corporation,
11association, or other person who owns an assisted living or
12shared housing establishment. In the event an assisted living
13or shared housing establishment is operated by a person who
14leases or manages the physical plant, which is owned by
15another person, "owner" means the person who operates the
16assisted living or shared housing establishment, except that
17if the person who owns the physical plant is an affiliate of
18the person who operates the assisted living or shared housing
19establishment and has significant control over the day to day
20operations of the assisted living or shared housing
21establishment, the person who owns the physical plant shall
22incur jointly and severally with the owner all liabilities
23imposed on an owner under this Act.
24    "Physician" means a person licensed under the Medical
25Practice Act of 1987 to practice medicine in all of its
26branches.

 

 

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1    "Resident" means a person residing in an assisted living
2or shared housing establishment.
3    "Resident's representative" means a person, other than the
4owner, agent, or employee of an establishment or of the health
5care provider unless related to the resident, designated in
6writing by a resident or a court to be his or her
7representative. This designation may be accomplished through
8the Illinois Power of Attorney Act, pursuant to the
9guardianship process under the Probate Act of 1975, or
10pursuant to an executed designation of representative form
11specified by the Department.
12    "Self" means the individual or the individual's designated
13representative.
14    "Shared housing establishment" or "establishment" means a
15publicly or privately operated free-standing residence for 16
16or fewer persons, at least 80% of whom are 55 years of age or
17older and who are unrelated to the owners and one manager of
18the residence, where the following are provided:
19        (1) services consistent with a social model that is
20    based on the premise that the resident's unit is his or her
21    own home;
22        (2) community-based residential care for persons who
23    need assistance with activities of daily living, including
24    housing and personal, supportive, and intermittent
25    health-related services available 24 hours per day, if
26    needed, to meet the scheduled and unscheduled needs of a

 

 

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1    resident; and
2        (3) mandatory services, whether provided directly by
3    the establishment or by another entity arranged for by the
4    establishment, with the consent of the resident or the
5    resident's representative.
6    "Shared housing establishment" or "establishment" does not
7mean any of the following:
8        (1) A home, institution, or similar place operated by
9    the federal government or the State of Illinois.
10        (2) A long term care facility licensed under the
11    Nursing Home Care Act, a facility licensed under the
12    Specialized Mental Health Rehabilitation Act of 2013, a
13    facility licensed under the ID/DD Community Care Act, or a
14    facility licensed under the MC/DD Act. A facility licensed
15    under any of those Acts may, however, convert sections of
16    the facility to assisted living. If the facility elects to
17    do so, the facility shall retain the Certificate of Need
18    for its nursing beds that were converted.
19        (3) A hospital, sanitarium, or other institution, the
20    principal activity or business of which is the diagnosis,
21    care, and treatment of human illness and that is required
22    to be licensed under the Hospital Licensing Act.
23        (4) A facility for child care as defined in the Child
24    Care Act of 1969.
25        (5) A community living facility as defined in the
26    Community Living Facilities Licensing Act.

 

 

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1        (6) A nursing home or sanitarium operated solely by
2    and for persons who rely exclusively upon treatment by
3    spiritual means through prayer in accordance with the
4    creed or tenants of a well-recognized church or religious
5    denomination.
6        (7) A facility licensed by the Department of Human
7    Services as a community-integrated living arrangement as
8    defined in the Community-Integrated Living Arrangements
9    Licensure and Certification Act.
10        (8) A supportive residence licensed under the
11    Supportive Residences Licensing Act.
12        (9) A life care facility as defined in the Life Care
13    Facilities Act; a life care facility may apply under this
14    Act to convert sections of the community to assisted
15    living.
16        (10) A free-standing hospice facility licensed under
17    the Hospice Program Licensing Act.
18        (11) An assisted living establishment.
19        (12) A supportive living facility as described in
20    Section 5-5.01a of the Illinois Public Aid Code.
21    "Total assistance" means that staff or another individual
22performs the entire activity of daily living without
23participation by the resident.
24(Source: P.A. 99-180, eff. 7-29-15; 100-513, eff. 1-1-18.)
 
25    (210 ILCS 9/15)

 

 

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1    Sec. 15. Assessment and service plan requirements. Prior
2to admission to any establishment covered by this Act, a
3comprehensive assessment that includes an evaluation of the
4prospective resident's physical, cognitive, and psychosocial
5condition shall be completed. At least annually, a
6comprehensive assessment shall be completed, and upon
7identification of a significant change in the resident's
8condition, including, but not limited to, a diagnosis of
9Alzheimer's disease or a related dementia, the resident shall
10be reassessed. The Department may by rule specify
11circumstances under which more frequent assessments of skin
12integrity and nutritional status shall be required. The
13comprehensive assessment shall be completed by a physician.
14Based on the assessment, the resident's interests and
15preferences, dislikes, and any known triggers for behavior
16that endangers the resident or others, a written service plan
17shall be developed and mutually agreed upon by the provider,
18and the resident, and the resident's representative, if any.
19The service plan, which shall be reviewed annually, or more
20often as the resident's condition, preferences, or service
21needs change, shall serve as a basis for the service delivery
22contract between the provider and the resident. The resident
23and the resident's representative, if any, shall, upon
24request, be given a copy of the most recent assessment; a
25supplemental assessment, if any, completed by the
26establishment; and a service plan. Based on the assessment,

 

 

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1the service plan may provide for the disconnection or removal
2of any appliance.
3(Source: P.A. 91-656, eff. 1-1-01.)
 
4    (210 ILCS 9/75)
5    Sec. 75. Residency requirements.
6    (a) No individual shall be accepted for residency or
7remain in residence if the establishment cannot provide or
8secure appropriate services, if the individual requires a
9level of service or type of service for which the
10establishment is not licensed or which the establishment does
11not provide, or if the establishment does not have the staff
12appropriate in numbers and with appropriate skill to provide
13such services.
14    (b) Only adults may be accepted for residency.
15    (c) A person shall not be accepted for residency if:
16        (1) the person poses a serious threat to himself or
17    herself or to others;
18        (2) the person is not able to communicate his or her
19    needs and no resident representative residing in the
20    establishment, and with a prior relationship to the
21    person, has been appointed to direct the provision of
22    services;
23        (3) the person requires total assistance with 2 or
24    more activities of daily living;
25        (4) the person requires the assistance of more than

 

 

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1    one paid caregiver at any given time with an activity of
2    daily living;
3        (5) the person requires more than minimal assistance
4    in moving to a safe area in an emergency;
5        (6) the person has a severe mental illness, which for
6    the purposes of this Section means a condition that is
7    characterized by the presence of a major mental disorder
8    as classified in the Diagnostic and Statistical Manual of
9    Mental Disorders, Fourth Edition (DSM-IV) (American
10    Psychiatric Association, 1994), where the individual is a
11    person with a substantial disability due to mental illness
12    in the areas of self-maintenance, social functioning,
13    activities of community living and work skills, and the
14    disability specified is expected to be present for a
15    period of not less than one year, but does not mean
16    Alzheimer's disease and other forms of dementia based on
17    organic or physical disorders;
18        (7) the person requires intravenous therapy or
19    intravenous feedings unless self-administered or
20    administered by a qualified, licensed health care
21    professional;
22        (8) the person requires gastrostomy feedings unless
23    self-administered or administered by a licensed health
24    care professional;
25        (9) the person requires insertion, sterile irrigation,
26    and replacement of catheter, except for routine

 

 

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1    maintenance of urinary catheters, unless the catheter care
2    is self-administered or administered by a licensed health
3    care professional;
4        (10) the person requires sterile wound care unless
5    care is self-administered or administered by a licensed
6    health care professional;
7        (11) (blank);
8        (12) the person is a diabetic requiring routine
9    insulin injections unless the injections are
10    self-administered or administered by a licensed health
11    care professional;
12        (13) the person requires treatment of stage 3 or stage
13    4 decubitus ulcers or exfoliative dermatitis;
14        (14) the person requires 5 or more skilled nursing
15    visits per week for conditions other than those listed in
16    items (13) and (15) of this subsection for a period of 3
17    consecutive weeks or more except when the course of
18    treatment is expected to extend beyond a 3 week period for
19    rehabilitative purposes and is certified as temporary by a
20    physician; or
21        (15) other reasons prescribed by the Department by
22    rule.
23    (d) A resident with a condition listed in items (1)
24through (15) of subsection (c) shall have his or her residency
25terminated.
26    (e) Residency shall be terminated when services available

 

 

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1to the resident in the establishment are no longer adequate to
2meet the needs of the resident. The establishment shall notify
3the resident and the resident's representative, if any, when
4there is a significant change in the resident's condition that
5affects the establishment's ability to meet the resident's
6needs. The requirements of subsection (c) of Section 80 shall
7then apply. This provision shall not be interpreted as
8limiting the authority of the Department to require the
9residency termination of individuals.
10    (f) Subsection (d) of this Section shall not apply to
11terminally ill residents who receive or would qualify for
12hospice care and such care is coordinated by a hospice program
13licensed under the Hospice Program Licensing Act or other
14licensed health care professional employed by a licensed home
15health agency and the establishment and all parties agree to
16the continued residency.
17    (g) Items (3), (4), (5), and (9) of subsection (c) shall
18not apply to a quadriplegic, paraplegic, or individual with
19neuro-muscular diseases, such as muscular dystrophy and
20multiple sclerosis, or other chronic diseases and conditions
21as defined by rule if the individual is able to communicate his
22or her needs and does not require assistance with complex
23medical problems, and the establishment is able to accommodate
24the individual's needs. The Department shall prescribe rules
25pursuant to this Section that address special safety and
26service needs of these individuals.

 

 

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1    (h) For the purposes of items (7) through (10) of
2subsection (c), a licensed health care professional may not be
3employed by the owner or operator of the establishment, its
4parent entity, or any other entity with ownership common to
5either the owner or operator of the establishment or parent
6entity, including but not limited to an affiliate of the owner
7or operator of the establishment. Nothing in this Section is
8meant to limit a resident's right to choose his or her health
9care provider.
10    (i) Subsection (h) is not applicable to residents admitted
11to an assisted living establishment under a life care contract
12as defined in the Life Care Facilities Act if the life care
13facility has both an assisted living establishment and a
14skilled nursing facility. A licensed health care professional
15providing health-related or supportive services at a life care
16assisted living or shared housing establishment must be
17employed by an entity licensed by the Department under the
18Nursing Home Care Act or the Home Health, Home Services, and
19Home Nursing Agency Licensing Act.
20(Source: P.A. 103-444, eff. 1-1-24.)
 
21    (210 ILCS 9/80)
22    Sec. 80. Involuntary termination of residency.
23    (a) Residency shall be involuntarily terminated only for
24the following reasons:
25        (1) as provided in Section 75 of this Act;

 

 

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1        (2) nonpayment of contracted charges after the
2    resident and the resident's representative have received a
3    minimum of 30 days' 30-days written notice of the
4    delinquency and the resident or the resident's
5    representative has had at least 15 days to cure the
6    delinquency; or
7        (3) failure to execute a service delivery contract or
8    to substantially comply with its terms and conditions,
9    failure to comply with the assessment requirements
10    contained in Section 15, or failure to substantially
11    comply with the terms and conditions of the lease
12    agreement.
13    (b) A 30-day 30 day written notice of residency
14termination shall be provided to the resident, the resident's
15representative, or both, the Department, and the long term
16care ombudsman, which shall include the reason for the pending
17action, the date of the proposed move, and a notice, the
18content and form to be set forth by rule, of the resident's
19right to appeal, the steps that the resident or the resident's
20representative must take to initiate an appeal, and a
21statement of the resident's right to continue to reside in the
22establishment until a decision is rendered. The notice shall
23include a toll free telephone number to initiate an appeal and
24a written hearing request form, together with a postage paid,
25pre-addressed envelope to the Department. If the resident or
26the resident's representative, if any, cannot read English,

 

 

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1the notice must be provided in a language the individual
2receiving the notice can read or the establishment must
3provide a translator who has been trained to assist the
4resident or the resident's representative in the appeal
5process. In emergency situations as defined in Section 10 of
6this Act, the 30-day provision of the written notice may be
7waived.
8    (c) The establishment shall attempt to resolve with the
9resident or the resident's representative, if any,
10circumstances that if not remedied have the potential of
11resulting in an involuntary termination of residency and shall
12document those efforts in the resident's file. This action may
13occur prior to or during the 30 day notice period, but must
14occur prior to the termination of the residency. In emergency
15situations as defined in Section 10 of this Act, the
16requirements of this subsection may be waived.
17    (d) A request for a hearing shall stay an involuntary
18termination of residency until a decision has been rendered by
19the Department, according to a process adopted by rule. During
20this time period, the establishment may not terminate or
21reduce any service without the consent of the resident or the
22resident's representative, if any, for the purpose of making
23it more difficult or impossible for the resident to remain in
24the establishment.
25    (e) The establishment shall offer the resident and the
26resident's representative, if any, residency termination and

 

 

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1relocation assistance including information on available
2alternative placement. Residents shall be involved in planning
3the move and shall choose among the available alternative
4placements except when an emergency situation makes prior
5resident involvement impossible. Emergency placements are
6deemed temporary until the resident's input can be sought in
7the final placement decision. No resident shall be forced to
8remain in a temporary or permanent placement.
9    (f) The Department may offer assistance to the
10establishment and the resident in the preparation of residency
11termination and relocation plans to assure safe and orderly
12transition and to protect the resident's health, safety,
13welfare, and rights. In nonemergencies, and where possible in
14emergencies, the transition plan shall be designed and
15implemented in advance of transfer or residency termination.
16    (g) An establishment may not initiate a termination of
17residency due to an emergency situation if the establishment
18is able to safely care for the resident and (1) the resident
19has been hospitalized and the resident's physician states that
20returning to the establishment would not create an imminent
21danger of death or serious physical harm to the resident; or
22(2) the emergency can be negated by changes in staffing,
23activities, health care, personal care, or rooming
24accommodations, consistent with the license of the
25establishment. The Department may not find an establishment to
26be in violation of Section 75 of this Act for failing to

 

 

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1initiate an emergency discharge in these circumstances.
2    (h) If the Department determines that an involuntary
3termination of residency does not meet the requirements of
4this Act, the Department shall issue a written decision
5stating that the involuntary termination of residency is
6denied. If the action of the establishment giving rise to the
7request for hearings is the establishment's failure to readmit
8the resident following hospitalization, other medical leave of
9absence, or other absence, the Department shall order the
10immediate readmission of the resident to the establishment
11unless a condition which would have allowed transfer or
12discharge develops within that timeframe.
13    (i) If an order to readmit is entered pursuant to
14subsection (h), the establishment shall immediately comply. As
15used in this subsection, "comply" means the establishment and
16the resident have agreed on a schedule for readmission or the
17resident is living in the establishment.
18    (j) An establishment that does not readmit a resident
19after the Department has ordered readmission shall be assessed
20a fine. The establishment shall be required to submit an
21acceptable plan of correction to the Department within 30 days
22after the violation is affirmed.
23    (k) Once a notice of appeal is filed, the Department shall
24hold a hearing unless the notice of appeal is withdrawn. If the
25notice of appeal is withdrawn based upon a representation made
26by the establishment to the resident and the Department,

 

 

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1including the hearing officer, that a resident who has been
2previously denied readmission will be readmitted, failure to
3comply with the representation shall be considered a failure
4to comply with a Department order pursuant to subsection (h)
5and shall result in the imposition of a fine as provided in
6subsection (j) of this Section.
7    (l) A long term care ombudsman may request a hearing on
8behalf of a resident and secure representation of a resident
9if, in the judgment of the long term care ombudsman, doing so
10is in the best interests of the resident and the resident does
11not object.
12(Source: P.A. 91-656, eff. 1-1-01.)
 
13    (210 ILCS 9/90)
14    Sec. 90. Contents of service delivery contract. A contract
15between an establishment and a resident must be entitled
16"assisted living establishment contract" or "shared housing
17establishment contract" as applicable, shall be printed in no
18less than 12 point type, and shall include at least the
19following elements in the body or through supporting documents
20or attachments:
21        (1) the name, street address, and mailing address of
22    the establishment;
23        (2) the name and mailing address of the owner or
24    owners of the establishment and, if the owner or owners
25    are not natural persons, the type of business entity of

 

 

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1    the owner or owners;
2        (3) the name and mailing address of the managing agent
3    of the establishment, whether hired under a management
4    agreement or lease agreement, if the managing agent is
5    different from the owner or owners;
6        (4) the name and address of at least one natural
7    person who is authorized to accept service on behalf of
8    the owners and managing agent;
9        (5) a statement describing the license status of the
10    establishment and the license status of all providers of
11    health-related or supportive services to a resident under
12    arrangement with the establishment;
13        (6) the duration of the contract;
14        (7) the base rate to be paid by the resident and a
15    description of the services to be provided as part of this
16    rate;
17        (8) a description of any additional services to be
18    provided for an additional fee by the establishment
19    directly or by a third party provider under arrangement
20    with the establishment;
21        (9) the fee schedules outlining the cost of any
22    additional services;
23        (10) a description of the process through which the
24    contract may be modified, amended, or terminated;
25        (11) a description of the establishment's complaint
26    resolution process available to residents and notice of

 

 

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1    the availability of the Department on Aging's Senior
2    Helpline for complaints;
3        (12) the name of the resident's designated
4    representative, if any;
5        (13) the resident's obligations in order to maintain
6    residency and receive services including compliance with
7    all assessments required under Section 15;
8        (14) the billing and payment procedures and
9    requirements;
10        (15) a statement affirming the resident's freedom to
11    receive services from service providers with whom the
12    establishment does not have a contractual arrangement,
13    which may also disclaim liability on the part of the
14    establishment for those services;
15        (16) a statement that medical assistance under Article
16    V or Article VI of the Illinois Public Aid Code is not
17    available for payment for services provided in an
18    establishment, excluding contracts executed with residents
19    residing in licensed establishments participating in the
20    Department on Aging's Comprehensive Care in Residential
21    Settings Demonstration Project;
22        (17) a statement detailing the admission, risk
23    management, and residency termination criteria and
24    procedures;
25        (18) a written explanation, prepared by the Office of
26    State Long Term Care Ombudsman, statement listing the

 

 

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1    rights specified in Sections 80 and Section 95, including
2    an acknowledgment by the establishment and acknowledging
3    that, by contracting with the assisted living or shared
4    housing establishment, the resident does not forfeit those
5    rights;
6        (19) a statement detailing the Department's annual
7    on-site review process including what documents contained
8    in a resident's personal file shall be reviewed by the
9    on-site reviewer as defined by rule; and
10        (20) a statement outlining whether the establishment
11    charges a community fee and, if so, the amount of the fee
12    and whether it is refundable; if the fee is refundable,
13    the contract must describe the conditions under which it
14    is refundable and how the amount of the refund is
15    determined.
16(Source: P.A. 93-775, eff. 1-1-05; 94-256, eff. 7-19-05.)
 
17    (210 ILCS 9/95)
18    Sec. 95. Resident rights. No resident shall be deprived of
19any rights, benefits, or privileges guaranteed by law, the
20Constitution of the State of Illinois, or the Constitution of
21the United States solely on account of his or her status as a
22resident of an establishment, nor shall a resident forfeit any
23of the following rights:
24        (1) the right to retain and use personal property and
25    a place to store personal items that is locked and secure;

 

 

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1        (2) the right to refuse services and to be advised of
2    the consequences of that refusal;
3        (3) the right to respect for bodily privacy and
4    dignity at all times, especially during care and
5    treatment;
6        (4) the right to the free exercise of religion;
7        (5) the right to privacy with regard to mail, phone
8    calls, and visitors;
9        (6) the right to uncensored access to the State
10    Ombudsman or his or her designee;
11        (7) the right to be free of retaliation for
12    criticizing the establishment or making complaints to
13    appropriate agencies;
14        (8) the right to be free of chemical and physical
15    restraints;
16        (9) the right to be free of abuse or neglect or to
17    refuse to perform labor;
18        (10) the right to confidentiality of the resident's
19    medical records;
20        (11) the right of access and the right to copy the
21    resident's personal files maintained by the establishment;
22        (12) the right to 24 hours access to the
23    establishment;
24        (13) the right to a minimum of 90 days' 90-days notice
25    of a planned establishment closure;
26        (14) the right to a minimum of 30 days' 30-days notice

 

 

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1    of an involuntary residency termination, except where the
2    resident poses a threat to himself or others, or in other
3    emergency situations, and the right to appeal such
4    termination; if an establishment withdraws a notice of
5    involuntary termination of residency, then the resident
6    has the right to maintain residency at the establishment;
7    and
8        (15) the right to a 30-day notice of delinquency and
9    at least 15 days right to cure delinquency; .
10        (16) the right to not be unlawfully transferred or
11    discharged; and
12        (17) the right not to be charged for any period during
13    which the resident was unlawfully denied residency.
14        
15(Source: P.A. 91-656, eff. 1-1-01.)
 
16    Section 10. The Nursing Home Care Act is amended by
17changing Sections 1-114.005, 2-104, 2-111, 3-401, 3-401.1,
183-402, 3-404, 3-405, 3-410, 3-411, and 3-413 and by adding
19Sections 3-305.6 and 3-413.1 as follows:
 
20    (210 ILCS 45/1-114.005)
21    Sec. 1-114.005. High risk designation. "High risk
22designation" means a violation of a provision of the Illinois
23Administrative Code or statute that has been identified by the
24Department through rulemaking or designated in statute to be

 

 

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1inherently necessary to protect the health, safety, and
2welfare of a resident.
3(Source: P.A. 96-1372, eff. 7-29-10.)
 
4    (210 ILCS 45/2-111)  (from Ch. 111 1/2, par. 4152-111)
5    Sec. 2-111. A resident shall not be transferred or
6discharged in violation of this Act. A resident may not be
7charged for any period during which the resident was
8unlawfully denied the right to reside in a facility. A
9resident may be discharged from a facility after he gives the
10administrator, a physician, or a nurse of the facility written
11notice of his desire to be discharged. If a guardian has been
12appointed for a resident or if the resident is a minor, the
13resident shall be discharged upon written consent of his
14guardian or if the resident is a minor, his parent unless there
15is a court order to the contrary. In such cases, upon the
16resident's discharge, the facility is relieved from any
17responsibility for the resident's care, safety or well-being.
18A resident has the right to not be unlawfully transferred or
19discharged.
20(Source: P.A. 81-223.)
 
21    (210 ILCS 45/3-305.6 new)
22    Sec. 3-305.6. Failure to readmit a resident. A facility
23that fails to comply with an order of the Department to readmit
24a resident who wishes to return to the facility and is

 

 

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1appropriate for that level of care, shall be assessed a fine.
2    As used in this Section, "compliance with the order" means
3a resident is living in a facility, or a facility and a
4resident have agreed on a schedule for readmission.
 
5    (210 ILCS 45/3-401)  (from Ch. 111 1/2, par. 4153-401)
6    Sec. 3-401. A facility may involuntarily transfer or
7discharge a resident only for one or more of the following
8reasons:
9        (a) the facility is unable to meet the medical needs
10    of the resident, as documented in the resident's clinical
11    record by the resident's physician for medical reasons for
12    medical reasons;
13        (b) for the resident's physical safety;
14        (c) for the physical safety of other residents, the
15    facility staff or facility visitors; or
16        (d) for either late payment or nonpayment for the
17    resident's stay, except as prohibited by Titles XVIII and
18    XIX of the federal Social Security Act. For purposes of
19    this Section, "late payment" means non-receipt of payment
20    after submission of a bill. If payment is not received
21    within 45 days after submission of a bill, a facility may
22    send a notice to the resident and responsible party
23    requesting payment within 30 days. If payment is not
24    received within such 30 days, the facility may thereupon
25    institute transfer or discharge proceedings by sending a

 

 

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1    notice of transfer or discharge to the resident and
2    responsible party by registered or certified mail. The
3    notice shall state, in addition to the requirements of
4    Section 3-403 of this Act, that the responsible party has
5    the right to pay the amount of the bill in full up to the
6    date the transfer or discharge is to be made and then the
7    resident shall have the right to remain in the facility.
8    Such payment shall terminate the transfer or discharge
9    proceedings. This subsection does not apply to those
10    residents whose care is provided for under the Illinois
11    Public Aid Code. The Department shall adopt rules setting
12    forth the criteria and procedures to be applied in cases
13    of involuntary transfer or discharge permitted under this
14    Section.
15    In non-emergency situations, prior to issuing the notice
16of transfer or discharge of a resident under subsection (a),
17(b), or (c) of this Section, an attending physician shall
18conduct an in-person assessment and provide an explanation
19that, in the physician's medical opinion, the safety threshold
20under the Act and the federal regulations has or has not been
21breached with the findings documented in the resident's
22clinical record. In the absence of other bases for transfer or
23discharge in this Section, unless it has complied with the
24prior notice and other procedural requirements of this Act, a
25facility may not refuse to readmit a resident following a
26medical leave of absence if the resident's need for care does

 

 

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1not exceed the provisions of the facility's license.
2(Source: P.A. 91-357, eff. 7-29-99.)
 
3    (210 ILCS 45/3-402)  (from Ch. 111 1/2, par. 4153-402)
4    Sec. 3-402. Involuntary transfer or discharge of a
5resident from a facility shall be preceded by the discussion
6required under Section 3-408 and by a minimum written notice
7of 30 21 days, except in one of the following instances:
8    (a) When an emergency transfer or discharge is ordered by
9the resident's attending physician because of the resident's
10health care needs. The State Long Term Care Ombudsman shall be
11notified at the time of the emergency transfer or discharge.
12    (b) When the transfer or discharge is mandated by the
13physical safety of other residents, the facility staff, or
14facility visitors, as documented in the clinical record. The
15Department, the Office of State Long Term Care Ombudsman, and
16the resident's managed care organization, if applicable, and
17the State Long Term Care Ombudsman shall be notified prior to
18any such involuntary transfer or discharge. The Department
19shall immediately offer transfer, or discharge and relocation
20assistance to residents transferred or discharged under this
21subparagraph (b), and the Department may place relocation
22teams as provided in Section 3-419 of this Act.
23    (c) When an identified offender is within the provisional
24admission period defined in Section 1-120.3. If the Identified
25Offender Report and Recommendation prepared under Section

 

 

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12-201.6 shows that the identified offender poses a serious
2threat or danger to the physical safety of other residents,
3the facility staff, or facility visitors in the admitting
4facility and the facility determines that it is unable to
5provide a safe environment for the other residents, the
6facility staff, or facility visitors, the facility shall
7transfer or discharge the identified offender within 3 days
8after its receipt of the Identified Offender Report and
9Recommendation.
10(Source: P.A. 103-320, eff. 1-1-24.)
 
11    (210 ILCS 45/3-404)  (from Ch. 111 1/2, par. 4153-404)
12    Sec. 3-404. A request for a hearing made under Section
133-403 shall stay a transfer or discharge pending a hearing or
14appeal of the decision, unless a condition which would have
15allowed transfer or discharge in less than 30 21 days as
16described under paragraphs (a) and (b) of Section 3-402
17develops in the interim.
18(Source: P.A. 81-223.)
 
19    (210 ILCS 45/3-405)  (from Ch. 111 1/2, par. 4153-405)
20    Sec. 3-405. A copy of the notice required by Section 3-402
21shall be placed in the resident's clinical record and a copy
22shall be transmitted to the Department, the State Long Term
23Care Ombudsman, the resident, and the resident's
24representative, if any, the resident's managed care

 

 

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1organization, if applicable, and the Office of State Long Term
2Care Ombudsman.
3(Source: P.A. 103-320, eff. 1-1-24.)
 
4    (210 ILCS 45/3-410)  (from Ch. 111 1/2, par. 4153-410)
5    Sec. 3-410. A resident subject to involuntary transfer or
6discharge from a facility, the resident's guardian or if the
7resident is a minor, his parent shall have the opportunity to
8file a request for a hearing with the Department within 10 days
9following receipt of the written notice of the involuntary
10transfer or discharge by the facility. A long term care
11ombudsman may request a hearing on behalf of the resident, and
12secure representation for the resident, if, in the judgment of
13the long term care ombudsman, doing so is in the best interests
14of the resident, and the resident does not object.
15(Source: P.A. 81-223.)
 
16    (210 ILCS 45/3-411)  (from Ch. 111 1/2, par. 4153-411)
17    Sec. 3-411. The Department of Public Health, when the
18basis for involuntary transfer or discharge is other than
19action by the Department of Healthcare and Family Services
20(formerly Department of Public Aid) with respect to the Title
21XIX Medicaid recipient, shall hold a hearing at the resident's
22facility not later than 10 days after a hearing request is
23filed, and render a decision within 14 days after the filing of
24the hearing request. The Department has continuing

 

 

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1jurisdiction over the transfer or discharge irrespective of
2the timing of the hearing and decision. Once a request for a
3hearing is filed, the Department shall hold a hearing unless
4the request is withdrawn by the resident. If the request for a
5hearing is withdrawn based upon a representation made by the
6facility to the resident and the Department, including the
7hearing officer, that a resident who has been denied
8readmission will be readmitted, and the resident or resident
9representative notifies the Department that the facility is
10still denying readmission, failure to readmit is considered
11failure to comply with a Department order to readmit pursuant
12to Section 3-305.6, including the imposition of a fine under
13Section 3-305.6.
14(Source: P.A. 95-331, eff. 8-21-07.)
 
15    (210 ILCS 45/3-413)  (from Ch. 111 1/2, par. 4153-413)
16    Sec. 3-413. If the Department determines that a transfer
17or discharge is authorized under Section 3-401, the resident
18shall not be required to leave the facility before the 34th day
19following receipt of the notice required under Section 3-402,
20or the 10th day following receipt of the Department's
21decision, whichever is later, unless a condition which would
22have allowed transfer or discharge in less than 30 21 days as
23described under paragraphs (a) and (b) of Section 3-402
24develops in the interim. The Department maintains jurisdiction
25over the transfer or discharge irrespective of the timing of

 

 

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1the notice and discharge.
2(Source: P.A. 81-223.)
 
3    (210 ILCS 45/3-413.1 new)
4    Sec. 3-413.1. Denial of transfer or discharge. If the
5Department determines that a transfer or discharge is not
6authorized under Section 3-401, then the Department shall
7issue a written decision stating that the transfer or
8discharge is denied. If the action of the facility giving rise
9to the request for hearings is the facility's failure to
10readmit the resident following hospitalization, other medical
11leave of absence, or other absence, then the Department shall
12order the immediate readmission of the resident to the
13facility. The facility shall comply with the order
14immediately. A surveyor shall make an on-site inspection of
15the facility's compliance with the order unless the resident
16or resident representative notifies the Department in writing
17that there is compliance with the order.".